특수존속상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.
2. The crime of injury to the special existence of this case and the crime of injury to the victim without his father committed an act of assaulting and injuring the victim, who is his father, with dangerous things, was forced to make a false statement to the mother in order to avoid punishment therefor, and his father was not his father, and the crime of intimidation is very poor. The crime of intimidation in this case was committed by the defendant without taking the shot, and thereby, by threatening the victim, the victim was satisfying a considerable fear, and thus, the victim was satisfy.
On the other hand, considering the following circumstances: (a) the Defendant recognized all of the instant crimes and reflects his mistake; (b) the Defendant agreed to pay a certain amount to the victim of intimidation when he was in the first instance; and (c) the Defendant appears to have committed a crime in a situation with mental difficulties; (b) the Defendant has no record of criminal punishment; and (c) the Defendant’s age, sexual conduct, environment, details of the crime, and circumstances after the crime, etc., which are the conditions for sentencing specified in the instant case, the sentence of the lower court is too unreasonable.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2(1), 257(2) and 257(1) of the Criminal Act for criminal facts of this Act, Articles 369(1) and 366 of the Criminal Act, Articles 46(1) and 8(2)1 of the Animal Protection Act, and the Criminal Act for criminal facts.